DEED OF RENUNCIATION OF EXECUTORSHIP
Executed at [place] on [renunciation_date]
I, [executor_name], residing at [executor_address], do hereby declare as follows:
1. That the late [deceased_name] died on [date_of_death], having made and executed a Will dated [will_date].
2. That by the said Will I was named as an executor thereof.
3. That I have not intermeddled with the estate of the deceased, have not taken possession of or dealt with any part of it, and have done no act which would amount to accepting the office of executor.
4. REASON
[reason]
5. That I DO HEREBY RENOUNCE the executorship of the said Will, and all right, claim and title to probate thereof, absolutely and unconditionally.
6. That I have no objection to probate or letters of administration with the Will annexed being granted to such other person as may be entitled to apply, and I shall raise no claim to be appointed executor at any time hereafter.
7. That I make this renunciation of my own free will, without any coercion, and with full knowledge of its effect.
IN WITNESS WHEREOF I have executed this Deed of Renunciation on the day, month and year first above written.
[executor_name]
WITNESSES
1. Name: ______________________ Signature: ______________ Address: ______________
2. Name: ______________________ Signature: ______________ Address: ______________
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RENOUNCE BEFORE YOU TOUCH ANYTHING
The critical word in this document is INTERMEDDLE.
An executor who has begun to deal with the estate — collecting a debt,
operating an account, taking possession of assets, paying a liability
out of estate funds — may be treated as having ACCEPTED the office. An
executor who has accepted cannot then simply walk away, and may be held
accountable for the administration whether or not probate was ever
obtained.
So if you do not intend to act, say so early and in writing, and do
nothing in the meantime beyond what is necessary to preserve property
from immediate loss.
RENUNCIATION IS ORDINARILY FINAL. Having renounced, you cannot
generally change your mind and apply for probate later. Consider the
position before executing this.
IT IS PERFECTLY REASONABLE TO DECLINE. Executorship is real work with
real liability — tracing assets, paying debts, accounting to
beneficiaries, and sometimes defending litigation. Age, distance,
ill-health, a conflict of interest, or simply not wanting the burden
are all legitimate reasons, and nothing obliges a person named in a
will to serve.
WHERE THERE ARE CO-EXECUTORS, one may renounce while the others act.
Where ALL named executors renounce, or none is willing, an interested
person may apply for LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED,
which achieves the same practical result.
FILE IT WITH THE COURT if a probate petition has been or will be
presented, so that the renunciation is on the record rather than merely
in a drawer.